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Ohio State journal (Columbus, Ohio : 1897), 1909-03-21

Ohio State journal (Columbus, Ohio : 1897), 1909-03-21 page 1

WEATHER Rain in south; rain or snow in north portion; Monday fair and warmer. The REPAIR WORK columns on the Classified Page contain the names of the best repair establishments i n t h e city. ECTION . NINETY-NINTH YEAR. No. 80. MAIN I . i COLUMBUS. OHIO. SUNDAY MORNING. MARCH 21. 1909 TLrTPn?!! PRICE. FIVE CENTS. ll'S VETO 01 PROBE BILL Governor Declares Inquiry Senate Insisted Upon Would Be "Tenderfoot Performance." PARTLY ILLEGAL Says Lieutenant Governor Can't Name Prober Under the Constitution. There will not be a bi-partisan probe of state departments and institutions this year. Governor Judson Harmon put an end ttAliat project yesterday by ; vetoing the Woods state probe-bill.. 'In his veto message, he set forth objections which he entertains to the machinery created by the legislature for the proposed probe. The method provided for the investigation is not such as he desired, and so he has chosen to have no investigation at all, unless it be the separate personal investigation, which the legislature authorized him. to make and for which purpose $5000 was appropriated. ' . ' The Investigation which was to Tiave been made1 by the bi-partisan commission of two members, one to be named by the Democratic governor and one by the Republican lieutenant governor, he satirizes as a "tenderfooted performance" and the measure as amended by the senate he refers to as "this most extraordinary bill." The title which fitted the subject matter cf the bill in the shape in which it passed the house, he points out to be illusive in the form in which the senate stamped It, for it no longer "authorizes and empowers the gov ernor to investigate," but only to name half the commission. He objects botn to a bi-partisan investigation, as being Inconclusive unless the two investigators agree, and to a public investigation, such as all previous probes have been, including the Drake and Gayman profcs of Cincinnati as being ineffect- Prefers Grand Jury Method. . He cites in preference the grand 1urv method in criminal cases and declares the- only .effective, probe to be an ex parfe one.' Objection is also made to thepayn:nt by the state of counsel for the officials to be investigated. As a lawyer, the governor expresses the opinion that the provision that Lieu tenant Governor Treadway was to ex ercise in part the appointing power Is- nnconstltutional. He argues that In effect it . Is the exercise of that power Indirectly by the legislature, as the lieutenant governor, while there is a governor, is merely cn officer of the senate. That Governor Harmon either would veto the Woods bill or would sign It but decline to act under it, was quite generally believed as the Democratic senators opposed it in the form in which it was amended and a number of Democrats had urged him to veto it. The governor's reasons for his veto follow: The general assembly having finally adjourned, I herewith file with the secretary of state house bill No. 51,.. with these my objections thereto: 1 The constitution provides that "no bill shall contain more than one subject, which shall be clearly expressed In its title." The title ofr"ls bill is "An act to authorize ai'Vcmpower the governor to ln-venOgate state officers, boards, Institutions and departments and to appropriate money therefor." But the bill gives the governor no authority or power whatever to Investigate anybody or anything. He In simply given the right to appoint one member of a commission of two of opposite politics who must always agree or nothing can he done, although It Is clearly assumed that both are to be narrowly partisnn. The governor has no right to take part In their action, or in any wise direct or control it. In Intercut of Official. The other member of the commission Is to he appointed oy the lieutenant governor. That officer, while there is a governor, is mere-. ly the presiding officer of the senate nnd nothing more. The conatt- ttition prohibits the general assembly from exercising the appointing power except in prescribed cases, of which this Is not one. The sound reason of this prohibition Is manifest, as the temptation to multiply positions would arise If that body were permitted to fill ' as well as create them. It Is plain, too, that this wholesome rule of the constitution would become a dead letter if the general assembly might make appointments, other than Its own committees, officers and employes, Indirectly through either or both of Its presiding ' officers. liven If all this might properly be overlooked, I could not conscientiously approve the bill. It reads as though It were drawn In the Interest of the officials Instead ofMn the Interest of the state. It MTfelres that nil investigations bo pinicly conducted, and gives every officer, board, institution and department the right to be represented, at all times, by counsel, whose fees are to be paid out of the fund appropriated. No private examinations of books and accounts, no following the lead of suspicious circumstances, no effort to get Information from timid or unwilling witnesses, without the presence of the official under in- qulry and his resourceful counsel. Imagine a merchant denied the right to examine his own books without having the bookkeeper present with his lawyer. Hi Parte System Wise One. Without private and ex parte investigations by our prosecuting: attorneys and grand juries the administration of Justice would have to be abandoned. Suppose it were proposed to forold all inquiry by ' those officials except In public and - with the persons involved represented by counsel selected by th.tkSselves 'Ond paid . out . of the tiwurv. What would the people ofThe state say to that? ' Every citizen, however innocent, is subject to investigation by the officers of the law when suspicion of wrong-doing is aroused, and la entitled to a public hearing only In case facts are discovered which lustlfy charges against him. Then, and not until then, has -the cltlxen a right to the services of counsel, and he has to pay the fees himself unless he Is a pauper. ,. .. ' Why, then, this great solicitude, in a purely civil Inquiry, for officials whose doings should at all times be an open book to the peo- Continued a Second Pace. MURDERS HIS COMPANION Slayer, Too Intoxicated to Realize, Walks Into Police Station. I3plal TeliKrain to State Journal. LIMA. March 20. Frank Rogers, sadly intoxicated and , II h bloodstained hands and carrying a bloody knife, walked into the police station tonight and asked for a night's lodging. He did not know lie had killed D. W. Williams, a companion, and when Informed of his crime was too Intoxicated to realize It. Quarreling with Rogers. Williams. who was 28 years old, was stabbed to death in the residence district here at 6 o clock tonight. Rogers; after committing the crime, ran in mad flight irom tne scene, knocking down two pedestrians who witnessed his act. and escaping, later coming to the. station. Ihe two . men came here together this morning from Belle Center. Overcharge of Powder Causes an Explosion in a Mine Near Evansville. First Rescuers Suffocated in Go ing Down Into the Mine. Score Are Injured. IBy Associated Prem to State Journal. EVANSVILLE, Ind., March 20. Five men were killed and a score injured in an explosion at the Sunny Side mines this afternoon, i The Dead.' WILLIAM SCHNTJTE. SAMUEL COOMER. . . NELSON WILL1NGHAM. SR., ored. NELSON WILLINGHAM, JR., colored.JOSEPH SCHENK. The explosion was caused by a windy shot, due to an overcharge of powder, said to have been placed by Joan Petit. Petit is burned over his entire body. The dead were all killed by sulphuric fumes which followed the shot. The mine was swept as if by a whirlwind. Twenty-nine men were in the mine when the explosion occurred. The dead men were in the west shaft of the mine, as were all , the injured. With(n an hour after the explosion the mine was cleared. . . ,.- The first rescuers were' almost suffocated, .on going down-into, the mine. As news of the disaster spread, a large crowd gathered, in .which were scores of persons who had relutives in the mine. ... E MCE PONTIUS PIUTE Chicago School Teacher Says Rockefeller Was David, Bryan Ezra and Andrew Jackson. IBy Associated Press to State Journsl.l CHICAGO, March 20. Miss Nina A. Pattee, a school teacher, 30 years old, Is under arrest by the federal authorities, charged with sending objectionable letters through the malls. She was sent to the Detention hospital tonight for examination. It is charged that she wrote .to the governor of each , state ' saying that President Taft was to resign and that he, with ex-President Roosevelt, was to come to Chicago to be "ordained." In letters addressed to prominent clergymen she wrote: , "Pontius Pilate became Theodore Roosevelt. "Abel was Ethan Allen and is now George Cortelyou. - : "David lived 1000 times. David Is now John D. Rockefeller. . "William , J. Bryan was once Ezra and later became Andrew Jackson." HORSES WEAR MOURNING Deep Sympathy Shown in Boston Over Mr. Angell's Death. By Associated Pre to State. Journal. 1 BOSTON, March 20. There was at least an outward appearance of grief by thousands of horses in the streets of Boston ' today, in the wearing of mourning rosettes in memory of their friend and benefactor, George T. An-gell, whose funeral was held soon after noon from the Second Unitarian church. Rosettes ' were distributed by the Workhorse Parade association, and so great was the demand that tne first supply of over 2000 was quickly exhausted and additional numbers were almost as quickly taken. - A few hours before the funeral 30 of the prize winning horses in the parade last May were gathered In Copley square and with only a bridle as a "harness, and j wearing the mourning rosettes, they waited to participate in the funeral cortege, . " . The body of Mr. Angell lay In state In - the church for ; four hours before the funeral, during which time It was viewed by thousands of horse owners and drivers. FIRE VISITS STANDARD Two Fires Occur in Williamsburg Plant Within a Short Time. By Associated Frew to State Journal. NEW YORK. March 20. Two fires, which broke out within a ; short time of each other In the Standard Oil company's plant in Williamsburg today, led the police to suspect Incendiarism and they are making an investigation. The first blaze started in tho canning department. The first fire was hardly under control when another blaze was discovered on the pier near the storehouses. Some of the workmen in the plant saw a young .man run out of a shed on the dock, and thinking something might be wrong, they went to the shed and found it on fire. The police have a description of the man and are looking for him. Both fires were extinguished with but little damage. 1 ' COPPERS GUILTY 1 taking mE mayoralty breeze Li:2S!Si-luiflt tU dUi Bond Is Literally Covered With Signatures Defense Claims a Mistrial. - - By AMorlHled Prepe to State Journal.! NASHVILLE, March 20. After fil ing a bond totalling nearly a mill'"" j and a half,. Colonel D. B. Cooper anc Robin J.' Cooper, convicted of murdori in the second degree and sentenced to 20 years in the penitentiary fur the killing of former United States Senator E. W. Carmack, retired to the home of Judge J. C. Bradford tonight and discussed the next move in the case. Although Judge-Hart fixed the bond at $25,000 for -each defendant, there was a -rush to sign it on the part , of wealthy - citizens of Nashville which fairly swamped the clerk in the criminal court. In vain- he protested over and over again that more than enough sureties had signed, but the invariable answer was: "We want to put our name on that bond, too." It seemed as though every friend of the Coopers considered it Incumbent upon him to sign the bond. When there was no more room for names at the foot of the document, the new bondsmen Indorsed it across the face until it was difficult to decipher the signatures. Verdict Causes a Surprise. The verdict today, coming as it did upon the heels of Foreman Burke's declaration yesterday that "We are hopelessly tied up as to the Coopers," was a decided surprise. The defendants took It coolly almost without emotion. Mrs. Bureh and Mrs. Wilson, the young daughters of Colonel Cooper, were brave, and aside from tearful eyes,: restrained their emotion gamely. ; Mrs. Burch sat with her arm over her brother Robin's shoulder and Mrs. Wilson was at her father's right. The suspense: for the two ; yqung women had- beeji heartrending and any verdict, however unfavorable,' was: a relief: . : ; The jurors were' tired looking and disheveled, and when the court-' re marked, I thank you , gentlemen for your patience and devotion ta-the state arid dismiss you to youf homes and your personal avocations." the entire 12 sprang from their seats as one man anu nurrtedly left the , courtrooms v The, defendants and their counsel remained to complete the bond -prelimi' naries and motions for a new trial Various and insistent rumors that tho Jury had -agreed were responsible.' for a crowuea courtroom this morning -and for the presence of attornevs-on tir.h sides long before the usual hour for convening. - As soon as Judge Hart entered and even before he removed his coat, he ordered the Jury and the defendants brought into court. , "I understand they have agreed," he remarked, "and am sending to see.'. Jury Announces Verdict. At 9:25 the 12 men entered the room and took the same seats they have occupied for nearly nine weeks. "Have you agreed upon a - verdict, gentlemen?" said Judge Hart. . "We have," replied Foreman E. M Burke hoarsely. . . . . "Advance, Mr. Foreman, and read the verdict." "We, the Jury, find the defendants, Duncan B. Cooper and Robin J. Cooper, guilty of murder rff the second degree, and assess their punishrwnt at confinement in the, state penitentiary for a period of 20 years." "So say you all, gentlemen?" "So say we all." in chorus. "I thank you, . gentlemen," said the court. In a second Judge Anderson of the defense was on his feet exclaiming: "Your honor, we move that the case be declared a mistrial because of the verdict yesterday. We .contend that yesterday's verdict was the only one and that It acquitted John Sharp but declared a disagreement on the other defendants. We also ask that the defendants be admitted to bond at once." Bonds Fixed at $25,000 Each. "The verdict of the jury makes it a bailable case," was the court's retort. "Hence I will fix the bond of each de-fen dant at $25,000, unless there be some objection. In that event 1 will hear arguments." . "It is satisfactory to- us," . said Attorney General McCarn. "And to us," retorted Judge Anderson."There seems to be nothing left but for the court to pass senetnee," added Judge Hart. ' ' ' "I do not think that necessary," said Judge Anderson. "We move that judgment be suspended and that we' be given a new trial. We will be prepared to argue the motion later probably next week." "All right; judge," remarked the court, "l know you will not delay unnecessarily and I will take it up at your own convenience." - "Bring in the bond book," Bald Judge Anderson. It was done, and the-defendants signed the bond and returned with their relatives and friends to the room ' they have occupied in the jail building. Mrs. Burch, who even smiled in tho courtroom, collapsed as she reached the narrow corridor leading to the Jail, and had to be supported by her husband. Mrs. Wilson's eyes were streaming with tears. Both young women had confidently counted on acquittal, even though their counsel advised against building too many hopes on the result. Statement of a Juror. The jurors were not inclined to talk, but one of them said: "On the first ballot we acquitted John Sharp and disregarded the conspiracy theory. On this same ballot we stood six for guilty of murder in the flrst.de-gree with ( mitigating circumstances. live for murder in the second degree with 20 years,, the maximum penalty, and one for acquittal. Tho ballots ail day Wednesday and Thursday showed the same result. ' Yesterday the man who voted for acquittal went over to murder in the second degree, but demanded that only 10 years bo assessed. The rest of us did not deem 10 years anything like adequate, so we dls- Continued on Second Fajfe. GAVE HiS PDGKETBDDK TO AN ENTifiESTRfiNGEH Michigan Physician Entertains London Police ' Court Story of Swindle. With By Associated Prewt to State Journal. 3 LONDON, March 20. Dr. Marriott Hutchins, president of the board of education of Lake county, Michigan, furnished a crowded police court with half an hour's amusement this morning when he related how he had been tricked by three confidence men out of $1000 in cash and a diamond ring. The police have been successful In catching the thieves, and Dr. Hutchins is r.iw in possession of his ring and $750 of his money. "I do not think that I am over smart," Dr. Hutchins told the magistrate, 'but I can hardly believe that I was so stupid as to turn my pocket-book over to an entire stranger." The confidence man related the old story of the man from the colonies, who had been entrusted by a rich relative with the distribution of $50,000 in charity, and they displayed a number of worthless bank engraving notes. Dr. Hutchins was asked to undertake part of the distribution. He consented and handed over his pocketbook as evidence that he was a man of substance. The thieves have been committed for trial. ARRESTS MANUFACTURER Cincinnatians Charged With Violating Child Labor Law. By Associated ProM to State Journal. J ; CINCINNATI, March 20. As the result of an investigation by Miss C. M. Grade of the state , department of workshops and factories into conditions in the factories of Cincinnati, Attorney Charles F. Williams, as local counsel for the attorney general, filed affidavits against 25 Cincinnati manufacturers In Magistrate Muller's court today, charging violation of the stato laws. There) are 300 similar affidavits already drawn up which will be filed next week. All of the cases are against shoe factories and - clothing manufacturers and the specific allegation Is that the law prohibiting girls under l8'or boys under 16 from-working more man a hours per day, or 48 hours a week, has been violated. . : Forges Nick's Name. CINCINNATI, March 20. A youns man who for the past six weeks has posed as the valet, chauffeur, or intimate friend of the family of Congressman Nicholas Longworth, and on the strength of the story a ttempted to pass bad checks with Longworth's name signed to them, was arrested in this city last night. He gave the name of Fred E. Pearce of Boston. He claimed to belong to a prominent family of that city, and to have influential friends In political circles there and in Washington. Bank Robbers Get $2000. ENID, Okla., March ' 21). Robbers dynarhlted the safe in the bank nt Colwater, 30 miles' west of Enid, early today and escaped, with $2000. A heavy rainstorm aided in concealing the operations of the robbers., ' Miles at White House. WASHINGTON, March 21. Lleuten-ant General Nelson A Miles, retired, caned at the White House today for iub ui-ai ume in aooui eignt years. LO OK OUT COL. BROMWELL DROPPED President Taft, However, Praises His Work as Superintendent. ; ' By Associated Preea to Stat Journal WASHINGTON, " March 20. In a personal letter, just .made public, to Colonel Charles S. Bromwell, United States army, for the past five years superintendent of public1 buildings and grounds, President Taft commends his service and says that his having been displaced by Major crosoy was' "in due course, and is not to' be taken in any respect as a suggestion of dissatisfaction with the performance of your duties." . The president declares that the change is simply a routine one, and that the position of custodian of public buildings and grounds is one that no one holds for more than one term. The president adds that insofar as Colonel Bromwell's duties were concerned, he did his duty well, "and no one could have better filled the somewhat exacting requirements of the position in a professional and social way than you have." POLITICS REAL CAUSE If IE STRIKE II FRANCE Secretary Simyan May Be Removed Now That Deputies Have Indorsed Clemenceau. By Associated Press to State Journal. PARIS, March 20, The government tonight issued a reassuring statement concerning the strike In which the situation was said to be notably Improved, many of the strikers, especially the telephone girls, returning to work. The strike leaders, on the other hand, at the various meetings held tonight, are loudly proclaiming war to the hilt, and: there are disquieting rumors of railroads and other co-operative strikes. The belief prevails that there will be important developments over Sunday through the elimination of M. Simyan, undor-secretary of posts and telegraphs, whose presence has been the chief obstacle to a settlement. It is openly . intimated that jthe government, having obtained the indorsement of .the chamber of deputies, Is not anx lous longer to shoulder Secretary Sim-yan's. unpopularity. Probably a change will be made Monday when, it is reported, the cabinet will do away with the position of umWr-secretary of posts and create a postmaster generalship, to which an expert will be appointed. Disclosures In connection with the strike Indicate that the abuses and favoritism charged have been largely due to the fact that politics have had much to do with the appointments in, and the administration of, the post and telegraph services. WIFE SLAYER A SUICIDE Crime Known as One of the Most Atrocious in Virginia. By Associated Prflss to State Jnurnia.1. ! RICHMOND, Va., March 20. Henry C. Wheatley, the confessed wife murderer and incendiary, committed suicide, in the Culpepper Jail, today by hanging himself. ?wlth a - towel. ,TJie crime which he expiated was one of the most atrocious ever known in Virginia. Wheatley, for spite, set fire to a tenant's house and then killed his wife with- an ax, nearly severing her head from; her, body. Four Firemen Injured. WORCESTER, i Mass,',. March 20. Four firemen were injured, one seriously. In a Are which destroyed the plant or tne Wright Wire company today, i-nuning a loss or. tuu.uvu. FOR A TANGLE I ROOSEVELT TESTIFIES THAT HE JUST FORGOT Ex-President Gives His Deposi-tion in Magazine Suit Over the Publication o His Pictures. By Associated Press to (5tate Journal J , OYSTER BAY. N. Y., March 20. Ex-President Roosevelt's testimony in the suit of a photographer,' who seeks to recover $5000 from The Town Topics Publishing company, for the publication of three photographs of the ex-president In the book, "Fads and Fancies," was taken by deposition here today. Mr. Roosevelt said that when public attention was first attracted ' to the publication in question, he did not recall that he had ever given permission for the use of the pictures. He thereupon discussed the matter with Secretary Loeb, he said, and as the latter also had no recollection that permission had been granted, he allowed a statement to this effect to be published. Some time afterward, however, the ex-president said, Mr. Loeb came across the letter, in which he had authorized the publication of the pictures. "We are caught, not In a falsehood, but in a forgetfulneBS," Mr. Roosevelt told Secretary Loeb, accordinging to his testimony today. Mr. Roosevelt added, according to counsel for the publishing company, ."I had no knowledge, of course, that these photographs had been given until Mr. Loeb had found the letter. Of course, in giving out any pictures or other matter pertaining to me he acted with my full authorization." The letter referred to was In part as follows: "Oyster Bay, N. Y., Sept. 23, 1903. "My Dear Judge I am in receipt of your favor enclosing proof of article, which I return to you with a few slight additions. It is all right to use It; but of course please do not have it appear as in any way Indorsed by the president or myself. You will understand my reasons for this. "I. send you the following pictures, which are all that I have on hand suitable j for the. purpose;, the - president's house at Sagamore Hill; the tennis court and Theodore, jr., the president on the' lawn; the president on , his jumper Bleistein. Faithfully yours, "WM. LOEB, JR." "Hon Joseph M. Deuel, New York." The photographer brought his suit shortly after the publication of the president's denial that he had authorized the use of the pictures. - A sub-pena was served on Mr. Roosevelt last week, at a reception tendered him by his townspeople. United States District Attorney Stimson appeared In be half of Mr. Roosevelt. . . . ... Secretary of the Navy George von L. Meyer and District Attorney Stimson took luncheon with Mr. Roosevelt today. Thtre will be a reunion at Sagamore Hill tomorrow of the Roosevelt family. Theodore Roosevelt, Jr., arrived here today with Archie Roosevelt, his brother, who has been attending school at Groton, Mass. Mrs. Nicholas Longworth, with Quentin Roosevelt, who is receiving his early education in a school at Alexandria, Va., are expected. , . Harriman's Yacht Sails. ;NEW YORK, March 20. The steam yacht Sultana, owned by E. H. Hani-man, sailed from here today, bound for New Orleans. Mr. Harrlman is now on the Pacific coast and, it is expected, will board his yacht at New Orleans for the trip home. ' , Sheriff Comes for Beatty. DAYTON, March 20 W. H. Ham-mell, sheriff of Los Angeles county. Cal.. arrived at !:40 this afternoon with requisition for George Beatty, alleged pan roooer m Monrovia,. k:hi, TO FORESTALL OLD RATE Bills Introduced to Meet Threatened Move of Railroads. , ..! By Associated Pres to State Journal. '; JEFFERSON CITY, Mo., March 20. ir-Three bills backed by Governor Had-ley and Attorney General Major and Intended to meet the threatened move of the railroads to restore the 3-cent passenger fare rate, were presented to the legislature today. One gives the railroad commissioners of the state power to regulate passenger rates, which power will be extended to the public utilities commission if such a body is created. Another bill seeks to prevent railroads from owning and operating coal mines in competition with persons or firms not connected with railroads, and the third would, if passed, prevent railroads from making discriminating rates at terminal points In order to meet competition from roads with shorter lines. IU0NEv FOR INQUIRY NTO BR01SVILLE CASE Taft to Name Retired Army Officers and Ask Congress to Give Them Full Active Pay. By Associated Press to State Journal WASHINGTON, March 20. The president finds himself hampered in the execution of the Foraker act providing for the appointment of an array court of Inquiry to determine the eligibility for re-enlistment of the soldiers of the Twenty-fifth infantry (colored), discharged on account of the Brownsville affray, because the act makes no special provision to meet certain expenses connected with the investigation.Owing to the peculiar conditions of the case, it Is deemed advisable to select retired officers not below the grade oi , coionei ror service on the court. Retired officers below the rank of major, assigned to active duty, are allowed the full pay of their grade. That cannot be done in the case of the Brownsville court, however, without specific authority of congress, owing to the higher rank of its personnel. Will Ask Full Pay for Members. After a conference with Secretary Dickinson on the subject, the president has decided to ask congress to authorize the payment of full active pay to all officers on the retired list who served on the Brownsville court in accordance with the act providing for that court. The preference for retired officers is due to the scarcity of available active officers and the disinclination to take the latter from their regular militarv duties. The composition of the court has been practically determined upon and the tribunal will be organized as soon as congress has authorized , the desired extra compensation for the retired membership. Among the officers said to have been considered for services cn the court are: ' Lieutenant Generals Bates, Chaffee! young, Miles and MacArthur, Major uenerai u. w. uavis; isrlgadier General Schwan and Judge Advocate General Lleber. All of the officers named are on the retired list except General MacArthur, who retires next June. Gilbert Writing an Opera. LONDON, March 20, The theatrical world Is greatly interested in. the announcement that W. S. Gilbert, aftr a long rest, is writing a new opera. The work Is to be fanciful in character, and will deal with fairies. Edward Ger man, who composed the musle for "The Emerald Isle," after the death of Sir Arthur Sullivan, and who has com-' posed two other operas. Is writing the music. Pittsburg Detective Arrives ia Cleveland and Search is Resumed There. HUNT ELSEWHERE Man, Woman and Boy Seen On Car at Pittsburg May Arrest Woman at Sharon. fSpM-lal TlBram to State Journal. By Associated Preuft to State Journal.) ' CLEVELAND, March 21. At 1:N o'clock this morning the Whitla kidnapping case seemed near solution.-Detective G. B. Perkins of the Perkins agency, Pittsburg, came to Cleveland at midnight. He had instructions from Attorney Whitla, father of the boy, to use every endeavor to locate Billy here. Mr. Perkins would not be quoted, but understood that he had definite Information that the boy was near Cleveland. At 1 o'clock Chief Kohler said that two men wer? on their way from Pittsburg and that developments were expected at any moment. By Associated Preas to State Journal. PITTSBURG, March 20. The local police are working tonight on a clew furnished by several passengers on an East Liberty express car last Thursday night, that may load to the hnd- ng of Willie Whitla and the capture or his abductors in this city. According to the story a man, woman and a boy answering the description of the missing lad boarded the car near the Union station about 11:30 Thursday night and left the car in the Bloom-Held district of thi3 city. Officers of a local detective agency admitted today that they had been authorized to pay over the $10,000 ransom demanded by the kidnapers, but the manner in which this money Is to be paid has not been explained. SHARON, Pa., March 20.One of the three members of the Pennsylvania state constabulary who have been in or around Sharon for the past two days assisting in the search for the kidnaped boy, Willie Whitla. and who has been shadowing a woman from Youngstown. tonight called upon Martin Crain. chief of police of this city to ask the -a Id of the Sharon police in securing the arrest of the wotnmi. SEARCH IS DIRECTED NEAR HOME Kidnaper and Boy Sought at Warren, and Buffalo, N. Y. tBy Associated Prtss to State Journal. SHARON, Pa.. March 20 The search for William Whitla, the 8-year-old son of Attorney James P. Whitla of this city, who was kidnaped from school Thursday morning and spirited away in a buggy, centers about Warren, O., tonight, near which place the boy was reported seen two nights ago, and where the buggy In which he was taken from Sharon was found. Police officers and detectives, assisted by a squad of 23 members of the Pennsylvania State constabulary, besides the friends of the bereaved family, are also thoroughly exploring every spot around Buffalo, N. Y., In the hope of attaining evidence that will lead to the capture of the abductors and the return of the boy to his parents. The father of the missing lad said tonight that there were no new developments today in the quest for his child. Warren W. Schilling, a business associate of Mr. Whitla, who has been directing the investigation, said tonight that the efforts of the searchers were being directed largely to districts around home. Frank H. Buhl, the millionaire uncle of the missing boy, returned from Cleveland today, where he had gone to investigate the report that the bov had been found and that his abductors had been captured. Mr. Buhl said hU visit had been futile and that all rumors emanating from the Forest City had proved Incorrect. Mr. Buhl said he had an idea the boy would be found near Youngstown, O. Detectives Hold a Conference. A long conference was held this afternoon in Mr. Whltla's office, in which Detective J. F. Ward of Philadelphia, Martin Craln, chief of police of this city, and others taking a prominent part in the search for Mr. Whltla's son participated. Shortly after the conference, several officers left for parts unknown on a mission about which they would say nothing. It was intimated that a definite clew as to the whereabouts of the boy and the kidnapers had been received and the men were on their way to investigate. The Whitla family and their close friends are extremely secretive In re gard to all matters concerning the search for their son. However, todav, they denied several sensational rumors published in the papers. According to Me. Schilling, Mr. Whtlla has heard nothing from the advertisements he inserted in the various papers as specified in the letter received from the kidnapers. However, the failure of the abductors to send any answr-r to the reply to their letter, he said, was not causing any additional worry on tne score or injury to the boy or of more ransom heing demanded. Mr. Schilling said he believed they would have made the amount of the ransom larger at the start If they had Intended to ask for more than they did. No V'm't of Tims as to Ransom. "It is quite possible, it seems to me." naid Mr. Schilling, "that, having th whole matter long and well planned, they have made sura of putting th boy where they can lay their hands on him and have been reconnoitoring In the meantime so as to safeguard themselves. Another thing I would like to say positively is that there Is no limit placed In the letter as to the time in which .the ransom should be paid." Attorney Whitla received news tol iy that a boy answering -the description, of his son was seen entering Asht.ibula O, Thursday Afternoon.- According to tiie story, Conductor John Klskeh-y of the Lake Shore ami Michigan South ern raiirouu. noticed me hoy and a nut?) whose appearance tallies with that of the kldnnper g..t on the train at VVa r'n, O. The boy sat several seals la

WEATHER Rain in south; rain or snow in north portion; Monday fair and warmer. The REPAIR WORK columns on the Classified Page contain the names of the best repair establishments i n t h e city. ECTION . NINETY-NINTH YEAR. No. 80. MAIN I . i COLUMBUS. OHIO. SUNDAY MORNING. MARCH 21. 1909 TLrTPn?!! PRICE. FIVE CENTS. ll'S VETO 01 PROBE BILL Governor Declares Inquiry Senate Insisted Upon Would Be "Tenderfoot Performance." PARTLY ILLEGAL Says Lieutenant Governor Can't Name Prober Under the Constitution. There will not be a bi-partisan probe of state departments and institutions this year. Governor Judson Harmon put an end ttAliat project yesterday by ; vetoing the Woods state probe-bill.. 'In his veto message, he set forth objections which he entertains to the machinery created by the legislature for the proposed probe. The method provided for the investigation is not such as he desired, and so he has chosen to have no investigation at all, unless it be the separate personal investigation, which the legislature authorized him. to make and for which purpose $5000 was appropriated. ' . ' The Investigation which was to Tiave been made1 by the bi-partisan commission of two members, one to be named by the Democratic governor and one by the Republican lieutenant governor, he satirizes as a "tenderfooted performance" and the measure as amended by the senate he refers to as "this most extraordinary bill." The title which fitted the subject matter cf the bill in the shape in which it passed the house, he points out to be illusive in the form in which the senate stamped It, for it no longer "authorizes and empowers the gov ernor to investigate," but only to name half the commission. He objects botn to a bi-partisan investigation, as being Inconclusive unless the two investigators agree, and to a public investigation, such as all previous probes have been, including the Drake and Gayman profcs of Cincinnati as being ineffect- Prefers Grand Jury Method. . He cites in preference the grand 1urv method in criminal cases and declares the- only .effective, probe to be an ex parfe one.' Objection is also made to thepayn:nt by the state of counsel for the officials to be investigated. As a lawyer, the governor expresses the opinion that the provision that Lieu tenant Governor Treadway was to ex ercise in part the appointing power Is- nnconstltutional. He argues that In effect it . Is the exercise of that power Indirectly by the legislature, as the lieutenant governor, while there is a governor, is merely cn officer of the senate. That Governor Harmon either would veto the Woods bill or would sign It but decline to act under it, was quite generally believed as the Democratic senators opposed it in the form in which it was amended and a number of Democrats had urged him to veto it. The governor's reasons for his veto follow: The general assembly having finally adjourned, I herewith file with the secretary of state house bill No. 51,.. with these my objections thereto: 1 The constitution provides that "no bill shall contain more than one subject, which shall be clearly expressed In its title." The title ofr"ls bill is "An act to authorize ai'Vcmpower the governor to ln-venOgate state officers, boards, Institutions and departments and to appropriate money therefor." But the bill gives the governor no authority or power whatever to Investigate anybody or anything. He In simply given the right to appoint one member of a commission of two of opposite politics who must always agree or nothing can he done, although It Is clearly assumed that both are to be narrowly partisnn. The governor has no right to take part In their action, or in any wise direct or control it. In Intercut of Official. The other member of the commission Is to he appointed oy the lieutenant governor. That officer, while there is a governor, is mere-. ly the presiding officer of the senate nnd nothing more. The conatt- ttition prohibits the general assembly from exercising the appointing power except in prescribed cases, of which this Is not one. The sound reason of this prohibition Is manifest, as the temptation to multiply positions would arise If that body were permitted to fill ' as well as create them. It Is plain, too, that this wholesome rule of the constitution would become a dead letter if the general assembly might make appointments, other than Its own committees, officers and employes, Indirectly through either or both of Its presiding ' officers. liven If all this might properly be overlooked, I could not conscientiously approve the bill. It reads as though It were drawn In the Interest of the officials Instead ofMn the Interest of the state. It MTfelres that nil investigations bo pinicly conducted, and gives every officer, board, institution and department the right to be represented, at all times, by counsel, whose fees are to be paid out of the fund appropriated. No private examinations of books and accounts, no following the lead of suspicious circumstances, no effort to get Information from timid or unwilling witnesses, without the presence of the official under in- qulry and his resourceful counsel. Imagine a merchant denied the right to examine his own books without having the bookkeeper present with his lawyer. Hi Parte System Wise One. Without private and ex parte investigations by our prosecuting: attorneys and grand juries the administration of Justice would have to be abandoned. Suppose it were proposed to forold all inquiry by ' those officials except In public and - with the persons involved represented by counsel selected by th.tkSselves 'Ond paid . out . of the tiwurv. What would the people ofThe state say to that? ' Every citizen, however innocent, is subject to investigation by the officers of the law when suspicion of wrong-doing is aroused, and la entitled to a public hearing only In case facts are discovered which lustlfy charges against him. Then, and not until then, has -the cltlxen a right to the services of counsel, and he has to pay the fees himself unless he Is a pauper. ,. .. ' Why, then, this great solicitude, in a purely civil Inquiry, for officials whose doings should at all times be an open book to the peo- Continued a Second Pace. MURDERS HIS COMPANION Slayer, Too Intoxicated to Realize, Walks Into Police Station. I3plal TeliKrain to State Journal. LIMA. March 20. Frank Rogers, sadly intoxicated and , II h bloodstained hands and carrying a bloody knife, walked into the police station tonight and asked for a night's lodging. He did not know lie had killed D. W. Williams, a companion, and when Informed of his crime was too Intoxicated to realize It. Quarreling with Rogers. Williams. who was 28 years old, was stabbed to death in the residence district here at 6 o clock tonight. Rogers; after committing the crime, ran in mad flight irom tne scene, knocking down two pedestrians who witnessed his act. and escaping, later coming to the. station. Ihe two . men came here together this morning from Belle Center. Overcharge of Powder Causes an Explosion in a Mine Near Evansville. First Rescuers Suffocated in Go ing Down Into the Mine. Score Are Injured. IBy Associated Prem to State Journal. EVANSVILLE, Ind., March 20. Five men were killed and a score injured in an explosion at the Sunny Side mines this afternoon, i The Dead.' WILLIAM SCHNTJTE. SAMUEL COOMER. . . NELSON WILL1NGHAM. SR., ored. NELSON WILLINGHAM, JR., colored.JOSEPH SCHENK. The explosion was caused by a windy shot, due to an overcharge of powder, said to have been placed by Joan Petit. Petit is burned over his entire body. The dead were all killed by sulphuric fumes which followed the shot. The mine was swept as if by a whirlwind. Twenty-nine men were in the mine when the explosion occurred. The dead men were in the west shaft of the mine, as were all , the injured. With(n an hour after the explosion the mine was cleared. . . ,.- The first rescuers were' almost suffocated, .on going down-into, the mine. As news of the disaster spread, a large crowd gathered, in .which were scores of persons who had relutives in the mine. ... E MCE PONTIUS PIUTE Chicago School Teacher Says Rockefeller Was David, Bryan Ezra and Andrew Jackson. IBy Associated Press to State Journsl.l CHICAGO, March 20. Miss Nina A. Pattee, a school teacher, 30 years old, Is under arrest by the federal authorities, charged with sending objectionable letters through the malls. She was sent to the Detention hospital tonight for examination. It is charged that she wrote .to the governor of each , state ' saying that President Taft was to resign and that he, with ex-President Roosevelt, was to come to Chicago to be "ordained." In letters addressed to prominent clergymen she wrote: , "Pontius Pilate became Theodore Roosevelt. "Abel was Ethan Allen and is now George Cortelyou. - : "David lived 1000 times. David Is now John D. Rockefeller. . "William , J. Bryan was once Ezra and later became Andrew Jackson." HORSES WEAR MOURNING Deep Sympathy Shown in Boston Over Mr. Angell's Death. By Associated Pre to State. Journal. 1 BOSTON, March 20. There was at least an outward appearance of grief by thousands of horses in the streets of Boston ' today, in the wearing of mourning rosettes in memory of their friend and benefactor, George T. An-gell, whose funeral was held soon after noon from the Second Unitarian church. Rosettes ' were distributed by the Workhorse Parade association, and so great was the demand that tne first supply of over 2000 was quickly exhausted and additional numbers were almost as quickly taken. - A few hours before the funeral 30 of the prize winning horses in the parade last May were gathered In Copley square and with only a bridle as a "harness, and j wearing the mourning rosettes, they waited to participate in the funeral cortege, . " . The body of Mr. Angell lay In state In - the church for ; four hours before the funeral, during which time It was viewed by thousands of horse owners and drivers. FIRE VISITS STANDARD Two Fires Occur in Williamsburg Plant Within a Short Time. By Associated Frew to State Journal. NEW YORK. March 20. Two fires, which broke out within a ; short time of each other In the Standard Oil company's plant in Williamsburg today, led the police to suspect Incendiarism and they are making an investigation. The first blaze started in tho canning department. The first fire was hardly under control when another blaze was discovered on the pier near the storehouses. Some of the workmen in the plant saw a young .man run out of a shed on the dock, and thinking something might be wrong, they went to the shed and found it on fire. The police have a description of the man and are looking for him. Both fires were extinguished with but little damage. 1 ' COPPERS GUILTY 1 taking mE mayoralty breeze Li:2S!Si-luiflt tU dUi Bond Is Literally Covered With Signatures Defense Claims a Mistrial. - - By AMorlHled Prepe to State Journal.! NASHVILLE, March 20. After fil ing a bond totalling nearly a mill'"" j and a half,. Colonel D. B. Cooper anc Robin J.' Cooper, convicted of murdori in the second degree and sentenced to 20 years in the penitentiary fur the killing of former United States Senator E. W. Carmack, retired to the home of Judge J. C. Bradford tonight and discussed the next move in the case. Although Judge-Hart fixed the bond at $25,000 for -each defendant, there was a -rush to sign it on the part , of wealthy - citizens of Nashville which fairly swamped the clerk in the criminal court. In vain- he protested over and over again that more than enough sureties had signed, but the invariable answer was: "We want to put our name on that bond, too." It seemed as though every friend of the Coopers considered it Incumbent upon him to sign the bond. When there was no more room for names at the foot of the document, the new bondsmen Indorsed it across the face until it was difficult to decipher the signatures. Verdict Causes a Surprise. The verdict today, coming as it did upon the heels of Foreman Burke's declaration yesterday that "We are hopelessly tied up as to the Coopers," was a decided surprise. The defendants took It coolly almost without emotion. Mrs. Bureh and Mrs. Wilson, the young daughters of Colonel Cooper, were brave, and aside from tearful eyes,: restrained their emotion gamely. ; Mrs. Burch sat with her arm over her brother Robin's shoulder and Mrs. Wilson was at her father's right. The suspense: for the two ; yqung women had- beeji heartrending and any verdict, however unfavorable,' was: a relief: . : ; The jurors were' tired looking and disheveled, and when the court-' re marked, I thank you , gentlemen for your patience and devotion ta-the state arid dismiss you to youf homes and your personal avocations." the entire 12 sprang from their seats as one man anu nurrtedly left the , courtrooms v The, defendants and their counsel remained to complete the bond -prelimi' naries and motions for a new trial Various and insistent rumors that tho Jury had -agreed were responsible.' for a crowuea courtroom this morning -and for the presence of attornevs-on tir.h sides long before the usual hour for convening. - As soon as Judge Hart entered and even before he removed his coat, he ordered the Jury and the defendants brought into court. , "I understand they have agreed," he remarked, "and am sending to see.'. Jury Announces Verdict. At 9:25 the 12 men entered the room and took the same seats they have occupied for nearly nine weeks. "Have you agreed upon a - verdict, gentlemen?" said Judge Hart. . "We have," replied Foreman E. M Burke hoarsely. . . . . "Advance, Mr. Foreman, and read the verdict." "We, the Jury, find the defendants, Duncan B. Cooper and Robin J. Cooper, guilty of murder rff the second degree, and assess their punishrwnt at confinement in the, state penitentiary for a period of 20 years." "So say you all, gentlemen?" "So say we all." in chorus. "I thank you, . gentlemen," said the court. In a second Judge Anderson of the defense was on his feet exclaiming: "Your honor, we move that the case be declared a mistrial because of the verdict yesterday. We .contend that yesterday's verdict was the only one and that It acquitted John Sharp but declared a disagreement on the other defendants. We also ask that the defendants be admitted to bond at once." Bonds Fixed at $25,000 Each. "The verdict of the jury makes it a bailable case," was the court's retort. "Hence I will fix the bond of each de-fen dant at $25,000, unless there be some objection. In that event 1 will hear arguments." . "It is satisfactory to- us," . said Attorney General McCarn. "And to us," retorted Judge Anderson."There seems to be nothing left but for the court to pass senetnee," added Judge Hart. ' ' ' "I do not think that necessary," said Judge Anderson. "We move that judgment be suspended and that we' be given a new trial. We will be prepared to argue the motion later probably next week." "All right; judge," remarked the court, "l know you will not delay unnecessarily and I will take it up at your own convenience." - "Bring in the bond book," Bald Judge Anderson. It was done, and the-defendants signed the bond and returned with their relatives and friends to the room ' they have occupied in the jail building. Mrs. Burch, who even smiled in tho courtroom, collapsed as she reached the narrow corridor leading to the Jail, and had to be supported by her husband. Mrs. Wilson's eyes were streaming with tears. Both young women had confidently counted on acquittal, even though their counsel advised against building too many hopes on the result. Statement of a Juror. The jurors were not inclined to talk, but one of them said: "On the first ballot we acquitted John Sharp and disregarded the conspiracy theory. On this same ballot we stood six for guilty of murder in the flrst.de-gree with ( mitigating circumstances. live for murder in the second degree with 20 years,, the maximum penalty, and one for acquittal. Tho ballots ail day Wednesday and Thursday showed the same result. ' Yesterday the man who voted for acquittal went over to murder in the second degree, but demanded that only 10 years bo assessed. The rest of us did not deem 10 years anything like adequate, so we dls- Continued on Second Fajfe. GAVE HiS PDGKETBDDK TO AN ENTifiESTRfiNGEH Michigan Physician Entertains London Police ' Court Story of Swindle. With By Associated Prewt to State Journal. 3 LONDON, March 20. Dr. Marriott Hutchins, president of the board of education of Lake county, Michigan, furnished a crowded police court with half an hour's amusement this morning when he related how he had been tricked by three confidence men out of $1000 in cash and a diamond ring. The police have been successful In catching the thieves, and Dr. Hutchins is r.iw in possession of his ring and $750 of his money. "I do not think that I am over smart," Dr. Hutchins told the magistrate, 'but I can hardly believe that I was so stupid as to turn my pocket-book over to an entire stranger." The confidence man related the old story of the man from the colonies, who had been entrusted by a rich relative with the distribution of $50,000 in charity, and they displayed a number of worthless bank engraving notes. Dr. Hutchins was asked to undertake part of the distribution. He consented and handed over his pocketbook as evidence that he was a man of substance. The thieves have been committed for trial. ARRESTS MANUFACTURER Cincinnatians Charged With Violating Child Labor Law. By Associated ProM to State Journal. J ; CINCINNATI, March 20. As the result of an investigation by Miss C. M. Grade of the state , department of workshops and factories into conditions in the factories of Cincinnati, Attorney Charles F. Williams, as local counsel for the attorney general, filed affidavits against 25 Cincinnati manufacturers In Magistrate Muller's court today, charging violation of the stato laws. There) are 300 similar affidavits already drawn up which will be filed next week. All of the cases are against shoe factories and - clothing manufacturers and the specific allegation Is that the law prohibiting girls under l8'or boys under 16 from-working more man a hours per day, or 48 hours a week, has been violated. . : Forges Nick's Name. CINCINNATI, March 20. A youns man who for the past six weeks has posed as the valet, chauffeur, or intimate friend of the family of Congressman Nicholas Longworth, and on the strength of the story a ttempted to pass bad checks with Longworth's name signed to them, was arrested in this city last night. He gave the name of Fred E. Pearce of Boston. He claimed to belong to a prominent family of that city, and to have influential friends In political circles there and in Washington. Bank Robbers Get $2000. ENID, Okla., March ' 21). Robbers dynarhlted the safe in the bank nt Colwater, 30 miles' west of Enid, early today and escaped, with $2000. A heavy rainstorm aided in concealing the operations of the robbers., ' Miles at White House. WASHINGTON, March 21. Lleuten-ant General Nelson A Miles, retired, caned at the White House today for iub ui-ai ume in aooui eignt years. LO OK OUT COL. BROMWELL DROPPED President Taft, However, Praises His Work as Superintendent. ; ' By Associated Preea to Stat Journal WASHINGTON, " March 20. In a personal letter, just .made public, to Colonel Charles S. Bromwell, United States army, for the past five years superintendent of public1 buildings and grounds, President Taft commends his service and says that his having been displaced by Major crosoy was' "in due course, and is not to' be taken in any respect as a suggestion of dissatisfaction with the performance of your duties." . The president declares that the change is simply a routine one, and that the position of custodian of public buildings and grounds is one that no one holds for more than one term. The president adds that insofar as Colonel Bromwell's duties were concerned, he did his duty well, "and no one could have better filled the somewhat exacting requirements of the position in a professional and social way than you have." POLITICS REAL CAUSE If IE STRIKE II FRANCE Secretary Simyan May Be Removed Now That Deputies Have Indorsed Clemenceau. By Associated Press to State Journal. PARIS, March 20, The government tonight issued a reassuring statement concerning the strike In which the situation was said to be notably Improved, many of the strikers, especially the telephone girls, returning to work. The strike leaders, on the other hand, at the various meetings held tonight, are loudly proclaiming war to the hilt, and: there are disquieting rumors of railroads and other co-operative strikes. The belief prevails that there will be important developments over Sunday through the elimination of M. Simyan, undor-secretary of posts and telegraphs, whose presence has been the chief obstacle to a settlement. It is openly . intimated that jthe government, having obtained the indorsement of .the chamber of deputies, Is not anx lous longer to shoulder Secretary Sim-yan's. unpopularity. Probably a change will be made Monday when, it is reported, the cabinet will do away with the position of umWr-secretary of posts and create a postmaster generalship, to which an expert will be appointed. Disclosures In connection with the strike Indicate that the abuses and favoritism charged have been largely due to the fact that politics have had much to do with the appointments in, and the administration of, the post and telegraph services. WIFE SLAYER A SUICIDE Crime Known as One of the Most Atrocious in Virginia. By Associated Prflss to State Jnurnia.1. ! RICHMOND, Va., March 20. Henry C. Wheatley, the confessed wife murderer and incendiary, committed suicide, in the Culpepper Jail, today by hanging himself. ?wlth a - towel. ,TJie crime which he expiated was one of the most atrocious ever known in Virginia. Wheatley, for spite, set fire to a tenant's house and then killed his wife with- an ax, nearly severing her head from; her, body. Four Firemen Injured. WORCESTER, i Mass,',. March 20. Four firemen were injured, one seriously. In a Are which destroyed the plant or tne Wright Wire company today, i-nuning a loss or. tuu.uvu. FOR A TANGLE I ROOSEVELT TESTIFIES THAT HE JUST FORGOT Ex-President Gives His Deposi-tion in Magazine Suit Over the Publication o His Pictures. By Associated Press to (5tate Journal J , OYSTER BAY. N. Y., March 20. Ex-President Roosevelt's testimony in the suit of a photographer,' who seeks to recover $5000 from The Town Topics Publishing company, for the publication of three photographs of the ex-president In the book, "Fads and Fancies," was taken by deposition here today. Mr. Roosevelt said that when public attention was first attracted ' to the publication in question, he did not recall that he had ever given permission for the use of the pictures. He thereupon discussed the matter with Secretary Loeb, he said, and as the latter also had no recollection that permission had been granted, he allowed a statement to this effect to be published. Some time afterward, however, the ex-president said, Mr. Loeb came across the letter, in which he had authorized the publication of the pictures. "We are caught, not In a falsehood, but in a forgetfulneBS," Mr. Roosevelt told Secretary Loeb, accordinging to his testimony today. Mr. Roosevelt added, according to counsel for the publishing company, ."I had no knowledge, of course, that these photographs had been given until Mr. Loeb had found the letter. Of course, in giving out any pictures or other matter pertaining to me he acted with my full authorization." The letter referred to was In part as follows: "Oyster Bay, N. Y., Sept. 23, 1903. "My Dear Judge I am in receipt of your favor enclosing proof of article, which I return to you with a few slight additions. It is all right to use It; but of course please do not have it appear as in any way Indorsed by the president or myself. You will understand my reasons for this. "I. send you the following pictures, which are all that I have on hand suitable j for the. purpose;, the - president's house at Sagamore Hill; the tennis court and Theodore, jr., the president on the' lawn; the president on , his jumper Bleistein. Faithfully yours, "WM. LOEB, JR." "Hon Joseph M. Deuel, New York." The photographer brought his suit shortly after the publication of the president's denial that he had authorized the use of the pictures. - A sub-pena was served on Mr. Roosevelt last week, at a reception tendered him by his townspeople. United States District Attorney Stimson appeared In be half of Mr. Roosevelt. . . . ... Secretary of the Navy George von L. Meyer and District Attorney Stimson took luncheon with Mr. Roosevelt today. Thtre will be a reunion at Sagamore Hill tomorrow of the Roosevelt family. Theodore Roosevelt, Jr., arrived here today with Archie Roosevelt, his brother, who has been attending school at Groton, Mass. Mrs. Nicholas Longworth, with Quentin Roosevelt, who is receiving his early education in a school at Alexandria, Va., are expected. , . Harriman's Yacht Sails. ;NEW YORK, March 20. The steam yacht Sultana, owned by E. H. Hani-man, sailed from here today, bound for New Orleans. Mr. Harrlman is now on the Pacific coast and, it is expected, will board his yacht at New Orleans for the trip home. ' , Sheriff Comes for Beatty. DAYTON, March 20 W. H. Ham-mell, sheriff of Los Angeles county. Cal.. arrived at !:40 this afternoon with requisition for George Beatty, alleged pan roooer m Monrovia,. k:hi, TO FORESTALL OLD RATE Bills Introduced to Meet Threatened Move of Railroads. , ..! By Associated Pres to State Journal. '; JEFFERSON CITY, Mo., March 20. ir-Three bills backed by Governor Had-ley and Attorney General Major and Intended to meet the threatened move of the railroads to restore the 3-cent passenger fare rate, were presented to the legislature today. One gives the railroad commissioners of the state power to regulate passenger rates, which power will be extended to the public utilities commission if such a body is created. Another bill seeks to prevent railroads from owning and operating coal mines in competition with persons or firms not connected with railroads, and the third would, if passed, prevent railroads from making discriminating rates at terminal points In order to meet competition from roads with shorter lines. IU0NEv FOR INQUIRY NTO BR01SVILLE CASE Taft to Name Retired Army Officers and Ask Congress to Give Them Full Active Pay. By Associated Press to State Journal WASHINGTON, March 20. The president finds himself hampered in the execution of the Foraker act providing for the appointment of an array court of Inquiry to determine the eligibility for re-enlistment of the soldiers of the Twenty-fifth infantry (colored), discharged on account of the Brownsville affray, because the act makes no special provision to meet certain expenses connected with the investigation.Owing to the peculiar conditions of the case, it Is deemed advisable to select retired officers not below the grade oi , coionei ror service on the court. Retired officers below the rank of major, assigned to active duty, are allowed the full pay of their grade. That cannot be done in the case of the Brownsville court, however, without specific authority of congress, owing to the higher rank of its personnel. Will Ask Full Pay for Members. After a conference with Secretary Dickinson on the subject, the president has decided to ask congress to authorize the payment of full active pay to all officers on the retired list who served on the Brownsville court in accordance with the act providing for that court. The preference for retired officers is due to the scarcity of available active officers and the disinclination to take the latter from their regular militarv duties. The composition of the court has been practically determined upon and the tribunal will be organized as soon as congress has authorized , the desired extra compensation for the retired membership. Among the officers said to have been considered for services cn the court are: ' Lieutenant Generals Bates, Chaffee! young, Miles and MacArthur, Major uenerai u. w. uavis; isrlgadier General Schwan and Judge Advocate General Lleber. All of the officers named are on the retired list except General MacArthur, who retires next June. Gilbert Writing an Opera. LONDON, March 20, The theatrical world Is greatly interested in. the announcement that W. S. Gilbert, aftr a long rest, is writing a new opera. The work Is to be fanciful in character, and will deal with fairies. Edward Ger man, who composed the musle for "The Emerald Isle," after the death of Sir Arthur Sullivan, and who has com-' posed two other operas. Is writing the music. Pittsburg Detective Arrives ia Cleveland and Search is Resumed There. HUNT ELSEWHERE Man, Woman and Boy Seen On Car at Pittsburg May Arrest Woman at Sharon. fSpM-lal TlBram to State Journal. By Associated Preuft to State Journal.) ' CLEVELAND, March 21. At 1:N o'clock this morning the Whitla kidnapping case seemed near solution.-Detective G. B. Perkins of the Perkins agency, Pittsburg, came to Cleveland at midnight. He had instructions from Attorney Whitla, father of the boy, to use every endeavor to locate Billy here. Mr. Perkins would not be quoted, but understood that he had definite Information that the boy was near Cleveland. At 1 o'clock Chief Kohler said that two men wer? on their way from Pittsburg and that developments were expected at any moment. By Associated Preas to State Journal. PITTSBURG, March 20. The local police are working tonight on a clew furnished by several passengers on an East Liberty express car last Thursday night, that may load to the hnd- ng of Willie Whitla and the capture or his abductors in this city. According to the story a man, woman and a boy answering the description of the missing lad boarded the car near the Union station about 11:30 Thursday night and left the car in the Bloom-Held district of thi3 city. Officers of a local detective agency admitted today that they had been authorized to pay over the $10,000 ransom demanded by the kidnapers, but the manner in which this money Is to be paid has not been explained. SHARON, Pa., March 20.One of the three members of the Pennsylvania state constabulary who have been in or around Sharon for the past two days assisting in the search for the kidnaped boy, Willie Whitla. and who has been shadowing a woman from Youngstown. tonight called upon Martin Crain. chief of police of this city to ask the -a Id of the Sharon police in securing the arrest of the wotnmi. SEARCH IS DIRECTED NEAR HOME Kidnaper and Boy Sought at Warren, and Buffalo, N. Y. tBy Associated Prtss to State Journal. SHARON, Pa.. March 20 The search for William Whitla, the 8-year-old son of Attorney James P. Whitla of this city, who was kidnaped from school Thursday morning and spirited away in a buggy, centers about Warren, O., tonight, near which place the boy was reported seen two nights ago, and where the buggy In which he was taken from Sharon was found. Police officers and detectives, assisted by a squad of 23 members of the Pennsylvania State constabulary, besides the friends of the bereaved family, are also thoroughly exploring every spot around Buffalo, N. Y., In the hope of attaining evidence that will lead to the capture of the abductors and the return of the boy to his parents. The father of the missing lad said tonight that there were no new developments today in the quest for his child. Warren W. Schilling, a business associate of Mr. Whitla, who has been directing the investigation, said tonight that the efforts of the searchers were being directed largely to districts around home. Frank H. Buhl, the millionaire uncle of the missing boy, returned from Cleveland today, where he had gone to investigate the report that the bov had been found and that his abductors had been captured. Mr. Buhl said hU visit had been futile and that all rumors emanating from the Forest City had proved Incorrect. Mr. Buhl said he had an idea the boy would be found near Youngstown, O. Detectives Hold a Conference. A long conference was held this afternoon in Mr. Whltla's office, in which Detective J. F. Ward of Philadelphia, Martin Craln, chief of police of this city, and others taking a prominent part in the search for Mr. Whltla's son participated. Shortly after the conference, several officers left for parts unknown on a mission about which they would say nothing. It was intimated that a definite clew as to the whereabouts of the boy and the kidnapers had been received and the men were on their way to investigate. The Whitla family and their close friends are extremely secretive In re gard to all matters concerning the search for their son. However, todav, they denied several sensational rumors published in the papers. According to Me. Schilling, Mr. Whtlla has heard nothing from the advertisements he inserted in the various papers as specified in the letter received from the kidnapers. However, the failure of the abductors to send any answr-r to the reply to their letter, he said, was not causing any additional worry on tne score or injury to the boy or of more ransom heing demanded. Mr. Schilling said he believed they would have made the amount of the ransom larger at the start If they had Intended to ask for more than they did. No V'm't of Tims as to Ransom. "It is quite possible, it seems to me." naid Mr. Schilling, "that, having th whole matter long and well planned, they have made sura of putting th boy where they can lay their hands on him and have been reconnoitoring In the meantime so as to safeguard themselves. Another thing I would like to say positively is that there Is no limit placed In the letter as to the time in which .the ransom should be paid." Attorney Whitla received news tol iy that a boy answering -the description, of his son was seen entering Asht.ibula O, Thursday Afternoon.- According to tiie story, Conductor John Klskeh-y of the Lake Shore ami Michigan South ern raiirouu. noticed me hoy and a nut?) whose appearance tallies with that of the kldnnper g..t on the train at VVa r'n, O. The boy sat several seals la